But West is fighting to stop it from happening—and would like to remain on Kim’s health-care plan for the time being—according to court documents obtained by The Daily Beast.
A 40-page declaration submitted in Los Angeles County Superior Court by Ye’s divorce lawyer, Christopher Melcher, lays out a list of reasons why Kim’s desire to dissolve the marriage ASAP should be rejected.
Legally speaking, Kim is requesting a “status-only judgment,” which is “only for the termination of marital or domestic partner status” as the couple work to resolve their issues concerning shared property, finances, and custody arrangements.
However, Kanye argues that granting Kim’s wishes to undo the union now “creates a risk of adverse consequences.” This is especially true, Kanye’s motion explains, if Kim were to die or remarry before the case comes to a final conclusion. And although his argument is legally sound, the strategy could end up reflecting poorly on the hip-hop superstar who is already under fire for “harassing” Kim in person and online.
In recent months, Kardashian has been spotted out on the town with comedian and SNL castmember Pete Davidson, and Kanye has gone on the attack. Yesterday, Kim reportedly unfollowed Kanye on Instagram after becoming weary of the unrelenting abuse he was sending Davidson’s way.
The takeaway for most people about his latest move will be that Kanye is trying, for now, to block Kim’s right to move forward with her life or remarry, a source close to the couple told The Daily Beast. Yet, in this week’s court filing, Kanye says he simply wants to hold Kim to the rules that are laid out in the law. If a judge were to grant Kim a divorce now, Kanye would be stripped of certain legal protections he now enjoys, the filing states.
To begin with, Kanye’s filing says an early divorce will raise issues with any shared retirement accounts the couple maintains, listing two defined benefit plans at UBS and an IRA with Bel Air Securities.
Theoretically speaking, if Kim were to remarry before a court has ruled on how any joint accounts will be divided up, then were to die, the funds would go to her new spouse. That would mean a brand-new legal battle between Kanye and Kim’s new husband, according to a source with knowledge of the case.“Because there are no proposed orders regarding these plans, Kim’s motion must be denied,” Kanye’s filing says.
Another issue raised in Kanye’s response to Kim’s request is that of marital privilege.
Under California law, spouses cannot be forced to testify against one another, and any communication between spouses is confidential and doesn’t have to be disclosed in court. If something were to happen with the kids, and Kim was remarried before custody conditions had been agreed upon, her new spouse could not be compelled to appear in court as a witness.
All of these are fairly technical arguments, and the issues may never even come into play, according to the source. But, they said, Kanye is taking the position that the rules are the rules, and they must be followed whether or not they make a dollar’s worth of difference.
The two are due back in court on March 2. Melcher, Kanye’s attorney, declined to comment on the record for this story. Kim’s lawyers, Laura Wasser and Ashley Montgomery, did not respond to The Daily Beast’s request for comment.